Judge Considers Dismissal of Chelsea Housing Case Citing AI Flaws

A New York judge indicated on October 26, 2023, that he is likely to dismiss a case opposing the demolition of the Fulton and Elliott-Chelsea housing developments, primarily due to issues with the legal arguments presented. Judge James D’Auguste expressed concerns about the reliance on generative AI in the filings, which reportedly referenced non-existent legal cases. This decision could have significant implications for residents seeking to block their displacement amid a redevelopment plan.

During a packed courtroom session, Judge D’Auguste announced his expectation to reject the Article 78 proceeding, known as Weaver v NYCHA, filed by residents without legal representation. The case contends that the New York City Housing Authority (NYCHA) and the city government failed to adhere to the Uniform Land Use Review Procedures. Residents gathered outside the courthouse, wearing T-shirts that read “Save Public Housing,” and voiced their opposition to the plans to demolish and rebuild the housing units.

Activist Marni Halasa spoke passionately at the rally, asserting that relocation equates to eviction. “Once seniors move, they may not be able to come back in the same building,” she said. Halasa noted that the stress of such displacement poses serious health risks, arguing that promises from developers are often unreliable.

In court, Judge D’Auguste criticized the quality of the petitioners’ arguments, noting that they were based on flawed AI-generated material. He pointed out that the case relied on citations of two cases that do not exist or, when they do, do not support the arguments made. “How is it you can meet a burden of a preliminary injunction when the application is so faulty?” he asked, highlighting the risks of using AI in legal contexts.

Attorneys familiar with the case attributed the AI-related errors to the fact that the original filings were submitted by pro se petitioners—individuals unfamiliar with legal practices. John Low-Beer, an attorney now involved in the case, emphasized the need for proper legal representation, stating, “These were pro se petitions not versed in AI or legal practice.”

Despite the setback, residents and their supporters remain determined. Omega Linton, a Chelsea Fulton resident, expressed optimism about refiling the case with stronger arguments, stating, “We have some of the same stakes. Our briefing is legitimate.”

The case has drawn attention not only for its legal implications but also for its potential impact on the community. In an amicus brief prepared by Paula Segal of TakRoot Justice, it is argued that NYCHA lacks the authority to proceed with its proposal, which includes the construction of thousands of market-rate units, potentially violating statutory mandates to develop low-income housing.

During the hearing, Judge D’Auguste acknowledged the merit of the amicus brief while criticizing the initial filings as inadequate. He emphasized that fair legal proceedings require substantial arguments from both sides. “How is it fair to everyone else in this room, when people want a decision on the law, when I’m going to make a decision on one side’s papers because the other side’s paper is garbage?” he queried.

As the court proceedings unfold, some residents remain hopeful for a future where their voices are heard. Dr. Jessie Fields, another rally participant, asserted, “We’re against privatization. How can they displace people?”

The uncertainty surrounding the housing case adds to the anxiety of residents facing potential eviction. The mayoral candidate Curtis Sliwa has also voiced support for the tenants, advocating against the demolition of public housing.

Legal experts caution that any subsequent filings must be handled carefully to avoid being dismissed on technical grounds. “We would want to make sure, if this case were refiled, it wouldn’t be for some reason time-barred,” Low-Beer stated.

Although the judge’s anticipated dismissal signals a setback, it also presents an opportunity for the residents to build a stronger case. “All is not lost,” Halasa remarked. “So that’s good.” Many hope for a resolution that prioritizes the renovation of existing buildings rather than demolition, as the community grapples with the implications of urban redevelopment.